Doe v. State Ethics Commission

DISSENTING OPINION OF

PJCHARDSON, C.J.,

WITH WHOM LEVINSON, J., JOINS

I respectfully dissent.

The majority position is premised on a narrow construction of the object of the State Ethics Commission under HRS chapter 84. The rationale of the majority may be stated as follows: The primary function of the Ethics Commission under the subject statute is to remove dishonest individuals from positions of public trust. This purpose is accomplished when an alleged delinquent state employee voluntarily terminates his employment with the state. Hence, continuing jurisdiction by the Ethics Commission is…